Employment question regarding who owns the rights.

Without being licensed to practice in Florida and therefore unsure of Florida laws that may apply, usually the employee's work belongs to the employer unless there is a written document stating otherwise. This would apply in situations in which the employee's work - say in this case creative writing- was done by the employee for the benefit of the employer during the course of employment.

This is a very troublesome arrangement. Regardless of any written notice or agreements, you are likely still subject to the Fair Labor and Standards Act and, based on the facts provided, you appear to have significant exposure to liability. Additionally, Broward County has a wage theft statute which under which you may also be liable. I would suggest that you immediately contact an employment attorney to discuss options as far as protecting your business and setting up a course of action for the employees you have already engaged. As far as the rights to the work, you may be able to establish rights to the employees' work, but you will also have exposure to an unjust enrichment claim if you use it. Again, it's imperative that you consult with an attorney to create a written agreement that protects you as to your ability to use the work.

Your question is an important one, but it is both intellectual property and employment. Yes, you will need to pay these individuals for their hours worked, for the reasons discussed by other attorneys. As to who owns the rights to any patentable or copyrightable work, that is a question you will likely need to address with an attorney. Find a local attorney who can review the working arrangements, emails, work you wish to use and all applicable laws. You may be able to obtain agreements now, to fully compensate these individuals, compliant with all local, state, and Federal laws, as well as gain a release to use their work forever, without fear of any lawsuits down the line. With the information provided, it is difficult to determine the answers. Hope I have been helpful in this answer. Good luck.